SECTION 33. BILLS OF SUPPLEMENT AND REVIVOR.

A bill of supplement and revivor, as is readily seen from the name of the bill, is one which seeks both to revive the bill and to introduce new matter.

SECTION 34. BILLS IN THE NATURE OF ORIGINAL BILLS.

Bills in the nature of original bills are those for the purpose of cross litigation or for the purpose of controverting or suspending or reversing some decree of court or for carrying it into execution. The various classes of bills in this division are as follows:

Cross bills;

Bills of review and bills in the nature of bills of
review;

Bills to impeach a decree on the ground of fraud.
Bills to suspend or avoid the operation of

decrees;

Bills to carry decrees into execution.

SECTION 35. CROSS BILLS.

A cross bill is a bill brought by a defendant in a suit in equity, who seeks some affirmative relief against some other party to the suit. It may be brought either against the complainant, or against some other defendant. Thus if a bill is brought for the specific performance of a contract the defendant may file a cross bill asking for the cancellation of the contract; or if in a bill to foreclose on a first mortgage, a second mortgagee is made a defendant, he may file a cross bill against the mortgagor.

A cross bill may be brought for the purpose merely of obtaining discovery.

Cross bills are thus discussed by the Supreme

Court of the United States in the case of Morton's Louisiana & Texas R. & S. Co. vs. Texas Central R. Co.: "A cross-bill,' says Mr. Justice Story (Eq. Pl., No. 389), 'ex vi terminorum, implies a bill brought by a defendant in a suit against the plaintiff in the same suit, or against other defendants in the same suit, or against both, touching the matters in question in the original bill. A bill of this kind is usually brought, either (1) to obtain a necessary discovery of facts in aid of the defense to the original bill, or (2) to obtain full relief to all parties, touching the matters of the original bill.' And as illustrative of cross-bills for relief, he says (No. 392): 'It also frequently happens, and particularly if any question arises between two defendants to a bill, that the court cannot make a complete decree without a cross-bill, or cross-bills, to bring every matter in dispute completely before the court, to be litigated by the proper parties, and upon the proper proofs.'

"It seems to us that in order that a decree might be made upon the whole matter in dispute, brought completely before the court, the bill in question was necessary and was correctly styled a cross-bill. In no proper sense were new and distinct matters introduced by it, which were not embraced in the original and amended and supplemental bills, and while it sought equitable relief, it was such as, in point of jurisdiction over the subject matter, the court was competent to administer. It may be that, so far as it sought the further aid of the court beyond the purposes of defense to the original bill, it was not a pure cross-bill, but that is immaterial. The subject matter was the same, although the complainant in the cross-bill as8 137 U. S., 171.

serted rights to the property different from those allowed to it in the original bill, and claimed an affirmative decree upon those rights. A complete determination of the matters already in litigation could not have been obtained except through a cross-bill, and different relief from that prayed in the original bill would necessarily be sought. This bill was filed, on leave, before the testimony was taken, and though there should be as little delay as possible in filing bills of this kind, yet that was a matter entirely within the discretion of the court, which could have directed it to be filed even at the hearing. And whether this bill be regarded as a pure cross-bill, as an original bill in the nature of a cross-bill, or as an original bill, there is no error in calling for the disturbance of the decree because the court proceeded upon it in connection with the other pleadings. The jurisdiction of the Circuit Court did not depend upon the citizenship of the parties, but on the subject matter of the litigation. The property was in the actual possession of that court, and this drew to it the right to decide upon the conflicting claims as to its ultimate possession and control.

"Milwaukee & M. R. Co. vs. Soutter, 69 U. S., 2 Wall., 609 (17, 886); People's Bank vs. Calhoun, 102 U. S., 256 (26, 101); Krippendorf vs. Hyde, 110 U. S., 276 (28, 145)."

SECTION 36. BILLS OF REVIEW AND BILLS IN THE NATURE OF REVIEW.

Bills of review and bills in the nature of a bill of review, are bills filed to obtain a modification or reversal of a decree made upon a former bill. If the decree has been signed and enrolled a bill of review

is used; if the decree has not been enrolled a bill in the nature of a bill of review is the proper remedy. Bills of review and bills in the nature of a bill of review may be brought either on the ground of error apparent on the face of the record, or newly discovered evidence. In the first case the bill of review may be filed as a matter of right, but in the latter case, the consent of the court is first required.

SECTION 37. OTHER BILLS IN THE NATURE OF ORIGINAL BILLS.

The other species of bills in equity are not of very great importance.

A bill may be brought, as a matter of right, to set aside a decree which has been obtained by fraud.

The use of bills to suspend or avoid the operation of decrees, which were formerly common in England, especially in times of great political disturbance, have become obsolete in this country.

"Bills to effectuate or carry out decrees are filed to carry a decree into execution when, by reason of neglect of the parties or from some other cause, it has become impossible to do so without the further decree of the court to that end."

PARTS OF A BILL.

SECTION 38. THE PARTS OF A BILL IN EQUITY.

The nine parts of an ordinary bill in equity are as follows:

Of these the first three and the last two are essentials, while the fourth, fifth, and sixth and seventh, may be dispensed with.

SECTION 39. THE ADDRESS.

The address is a purely formal, though necessary part of the bill, and should contain the appropriate and technical description of the court in which the complainant seeks relief.

SECTION 40. THE INTRODUCTION.

The introduction contains the names and domiciles of the complainants and of the character in which they sue. In the Federal courts the names and descriptions of the defendants are also inserted in the introduction, but in the state courts this is left to the premises.